High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

13 judgments

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13 judgments

Citation	Judgment date
October 2006
Director of Public Prosecutions vs Dawson Novat Katto (Misc. Cr. Application No. 13 of 2005) [2006] TZHC 285 (30 October 2006) Staff shortage may justify extension of time, but unexplained inordinate delay defeats the application. Criminal procedure – extension of time to appeal – sufficient reasons required – shortage of state attorneys may suffice in a fit case – applicant must particularise and explain inordinate delay – court need not consider prospects of success where delay unexplained.	30 October 2006
September 2006
Andrew S. Fumbi vs Mpanda District Council (Civil Case No. 27 of 2002) [2006] TZHC 296 (8 September 2006) Claim arising from summary dismissal barred by Security of Employment Act and for failure to give statutory notice. Security of Employment Act s.28(1) — ouster of civil court jurisdiction over matters arising from summary dismissal; Local Government (District Authority) Act s.183(1)&(2) — mandatory 90-days’ notice to authority; Civil Procedure Code Order VIIIA r.4 — scheduling orders not absolute; Order XIV r.2 — trial of legal issues (jurisdiction) first.	8 September 2006
James Kawala vs Republic (DC Criminal Appeal No. 74 of 2004) [2006] TZHC 223 (8 September 2006) Conviction upheld where accomplice testimony was corroborated by police evidence despite an erroneous adverse inference. Criminal law – proof beyond reasonable doubt; accomplice evidence – need for caution and corroboration; adverse inference from flight – requirement for justification; sentence review – not excessive.	8 September 2006
Sumbawanga Town Council vs Kigoma Enterprises (DC Civil Appeal No. 11 of 2004) [2006] TZHC 220 (8 September 2006) Failure of court broker to serve required 14‑day execution notice was irregular but did not establish conversion, fraud, or defamation. Execution law – Court broker duty to serve 14‑day notice under G.N. No. 315/1997 rule 4; failure to serve is an irregularity but does not automatically make the judgment creditor liable for conversion; inflated warrant amount not sole proof of fraud; defamation requires false publication without lawful justification; special damages require strict proof.	8 September 2006
August 2006
Republic vs Paskali Chambala Ismail (Criminal Sessions Case No. 1 of 2004) [2006] TZHC 215 (31 August 2006) Nolle prosequi entered for technical defects; accused discharged without prejudice to future charges. Criminal procedure – nolle prosequi – entry under section 91(1) Criminal Procedure Act (Cap. 20); effect of discharge – discharge without prejudice to future charges; assessors discharged.	31 August 2006
Republic vs Lutaligula Lufunga (Criminal Sessions Case No. 31 of 2004) [2006] TZHC 216 (25 August 2006) Prosecution entered nolle prosequi under s.91(1) CPA and the accused was discharged, terminating the murder prosecution. * Criminal procedure – discontinuance of prosecution – nolle prosequi – entry under section 91(1) Criminal Procedure Act (Cap.20, Rev. Ed. 2002) – effect: discharge of accused.	25 August 2006
Republic vs Emmanuel Bazikori & another (Criminal Sessions Case No. 76 of 2004) [2006] TZHC 218 (15 August 2006) Whether identification parade procedures produced reliable, admissible identification evidence to sustain a murder charge. Criminal law – Identification parade – Admissibility and reliability of identification evidence; procedure and fairness of identification parades; evidential weight of identification combined with recovered ammunition empties; arrest and investigative procedure.	15 August 2006
Lutenganija S/O Ngelea @Guta vs Republic (DC Criminal Appeal No. 2 of 2006) [2006] TZHC 198 (11 August 2006) Conviction quashed for cattle theft where evidence was insufficient and trial court improperly drew adverse inference from silence. Criminal law – cattle theft – sufficiency of evidence; identification of property; adverse inference from accused’s silence; burden of proof; statutory sentence for specified animals.	11 August 2006
July 2006
Luciana Fataki vs Republic (DC Criminal Appeal No. 13 of 2005) [2006] TZHC 261 (28 July 2006) Conviction quashed where prosecution failed to prove appellant’s participation and co-accused admitted ownership of recovered property. Criminal law – Burglary and theft – Standard of proof: whether prosecution proved participation beyond reasonable doubt; absence of eyewitnesses; co-accused’s admission of ownership undermining other accused’s liability; failure to interrogate accused and non-production of investigating officers as witnesses weakens prosecution case.	28 July 2006
Chairman of Rukwa Development Association (RDA) vs Minister of Education and Vocation Training & others (Misc. Civil Application No. 13 of 2006) [2006] TZHC 206 (21 July 2006) Temporary injunction seeking prerogative relief is incompetent absent a pending leave application; application struck out with costs. Judicial review procedure – Temporary injunctions for prerogative orders require a pending leave application; parties’ misdescription may be a curable irregularity; verification of affidavits governed by Order XIX r.3(1), not Order VI r.15(3).	21 July 2006
Letes Chakupewa vs Republic (DC Criminal Appeal Case No. 16 of 2004) [2006] TZHC 221 (19 July 2006) Conviction quashed where identification evidence was inadequately proved and a repudiated caution statement was improperly admitted, appellant released. Criminal law – Evidence – Identification of stolen property – owner/herdsman must be shown exhibits to identify them; Cautioned statement – repudiation requires court consideration before admission; Trial-within-trial not always required in magistrates’ trials but repudiation must be addressed; Remedy – retrial vs release; interests of justice.	19 July 2006
June 2006
Kalauni Zakaria vs Republic (DC Criminal Appeal Case No. 6 of 2005) [2006] TZHC 260 (5 June 2006) Conviction for rape upheld where prosecutrix’s account and applicant’s admission at a clan meeting provided sufficient corroboration. Criminal law – Sexual offences – Rape – Corroboration of prosecutrix’s testimony – Warning against convicting on uncorroborated evidence is a rule of practice, not law – Admission at ad hoc clan meeting as supporting evidence – Conviction upheld.	5 June 2006
April 2006
Republic vs Issack Gervas @Makiko (Criminal Sessions Case No. 31 of 2006) [2006] TZHC 197 (21 April 2006) Court accepted plea to manslaughter based on admitted kick causing ruptured spleen; convicted and sentenced after considering mitigation. * Criminal law – Plea bargaining – Acceptance of plea to lesser offence (murder reduced to manslaughter). * Evidence – Medical report establishing ruptured spleen; caution and extrajudicial statements admitted and relied upon. * Sentencing – Mitigating factors: first offender, intoxication, remand duration, cooperation, absence of a weapon, family dependents – court exercised leniency.	21 April 2006